The United States Federal Law clearly pronounces the legal statutes behind recording of telephone conversations. Under the federal law, recording of telephone calls may only be considered legal provided that one of the parties has full knowledge and consent the recording. Although majority of the states have adopted the same statute, there are several states that require consent of all parties involved in the telephone call. These wiretapping laws further extend to cover in-person conversations.
California is among the 12 states that require consent from all parties to a conversation. This means that the individual recording the telephone conversation must provide a verbal notice before recording. Violation of this rule may lead into a case of unlawful recording of telephone calls. Meanwhile, it is illegal for anyone to record conversations to which he or she is not a party.
Although California law upholds the two-party statute, it does not permit recording and monitoring of telephone calls using telephone interception devices. Unlike other states, California does not provide statutory business telephone exception thus the company may not record employee conversations without giving notice before recording. On the other hand, state courts recognize “implied” consent as satisfactory requirement to suffice the two-party statute. This means that the one of the parties may continue the recording throughout the conversation after having been informed of that the telephone call is being recorded. Violation of the law may result in a fine of not more than $2,500 and/or one year imprisonment. The plaintiff may be entitled to receive compensation of as much as $3,000 or three times the damages sustained.
If you are a victim of Unlawful Recording of Telephone Calls, you may be entitled to file complaints against the errant party. Dedicated lawyers at www.Fight4JusticeLawyers.com can help you sort out the legal alternatives available for your case. These legal professionals can guide you towards the right the actions to take regarding your specific dilemma.